Parliamentary Service Commissioner’s Direction 2014
made under subsection 15(6) of the
Parliamentary Service Act 1999
Dated 23 December 2014
John Lloyd PSM
Parliamentary Service Commissioner
Contents
Part 1—Preliminary
1 Name of Direction
2 Authority
3 Commencement
4 Replacement/revocation of previous Direction
Part 2—Secretary handling of suspected Code of Conduct breaches
1 Purpose of Direction
2 Application to former Parliamentary Service employees
3 Employee must be informed that a determination is being considered
4 Employee must be informed before a sanction is imposed
5 Person making determination to be independent and unbiased
6 Determination process to be informal
7 Record of determination and sanctions
Part 1—Preliminary
1 Name of Direction
This Direction is the Parliamentary Service Commissioner’s Direction 2014.
2 Authority
This Direction is made under subsection 15(6) of the Parliamentary Service Act 1999 (the Act).
3 Commencement
This Direction will commence on the day after it is registered on the Federal Register of Legislative Instruments.
4 Revocation of previous directions
This Direction revokes the Parliamentary Service Commissioner’s Direction 2000/1.
Part 2—Secretary handling of suspected Code of Conduct breaches
1 Purpose of Direction
The purpose of this Direction is to set out the basic procedural requirements that must be complied with by the procedures established by a Secretary under subsection 15 (3) of the Act for:
(a) determining whether a Parliamentary Service employee, or a former Parliamentary Service employee, in the Department has breached the Code of Conduct; and
(b) determining what sanction, if any, should be imposed on a Parliamentary Service employee for a breach of the Code of Conduct.
Note: The requirements set out in this Direction and the procedures established under subsection 15 (3) of the Act apply only in relation to a suspected breach of the Code of Conduct by a Parliamentary Service employee, or former Parliamentary Service employee, in respect of which a determination may be made. Not all suspected breaches of the Code of Conduct need to be dealt with by way of a determination. In particular circumstances, another way of dealing with a suspected breach of the Code of Conduct may be more appropriate. (See also clause 52 of Parliamentary Service Determination 2013.)
2 Application to former Parliamentary Service employees
(1) In this Direction, unless the contrary intention appears, a reference to a Parliamentary Service employee in a Department includes a reference to a former Parliamentary Service employee who is suspected of having breached the Code of Conduct while an employee in the Department.
(2) Subparagraph 3(a)(ii) and clause 4 do not apply in relation to a former employee.
3 Employee must be informed that a determination is being considered
A determination may not be made in relation to a suspected breach of the Code of Conduct by a Parliamentary Service employee unless reasonable steps have been taken to:
(a) inform the employee of:
(i) the details of the suspected breach (including any subsequent variation of those details); and
(ii) the sanctions that may be imposed on the employee under subsection 15 (1) of the Act; and
(b) give the employee a reasonable opportunity to make a statement in relation to the suspected breach.
4 Employee must be informed before a sanction is imposed
If a determination is made that a Parliamentary Service employee has breached the Code of Conduct, a sanction may not be imposed unless reasonable steps have been taken to:
(a)inform the employee of:
(i) the determination; and
(ii) the sanction or sanctions that are under consideration; and
(iii) the factors that are under consideration in determining any sanction to be imposed; and
(b) give the employee a reasonable opportunity to make a statement in relation to sanctions under consideration.
5 Person making determination to be independent and unbiased
A Secretary must take reasonable steps to ensure that:
(a) the person who determines whether a Parliamentary Service employee has breached the Code of Conduct is, and appears to be, independent and unbiased; and
(b) the person who determines any sanction to be imposed is, and appears to be, independent and unbiased.
6 Determination process to be informal
The process for determining whether a Parliamentary Service employee has breached the Code of Conduct must be carried out with as little formality and as much expedition as a proper consideration of the matter allows.
7 Record of determination and sanctions
If a determination is made in relation to a suspected breach of the Code of Conduct by a Parliamentary Service employee, a written record must be made of:
(a) the suspected breach; and
(b) the determination; and
(c) any sanctions imposed as a result of a determination that the employee breached the Code of Conduct; and
(d) if a statement of reasons was given to the employee—the statement of reasons.
Note: The Archives Act 1983 applies to a record made under this clause.